Arnaud is in Normandy, not far from Rouen. Next week, his summer trip will take him with all his family to Spain. However, this digital marketing specialist is not on vacation. “My companion, who is a teacher, wanted to leave for two months. It suits me well. All I need is a WiFi connection to follow all my projects.” This employee is in a computer engineering and services company in ‘Trace’. The new term has not yet been approved by Larousse or by Robert, and even less by the Académie Française, it belongs to those workers who don’t really take vacation, and are always a little bit remote working. A new phenomenon that Génie des Places, a workspace development company, has tried to measure with the help of communications agency Buzzpress. According to their survey conducted between June 17 and 22 among 3,400 employees in the third small, medium and large companies, 35% of respondents plan to work remotely at their vacation spot and 79% are planning to do so. “Bring their work equipment on vacation to maintain the professional connection” this summer. Assuming the outbreak of Covid and the first confinement from March to May 2020, “distanciel” continues to change professional practices. For the better, at least while respecting the guarantees.
Charter or collective agreement, it all depends on the company
For Romain Millet, Director of Business Methods at Génie des places, it is above all about “Freedom to choose the employee. There is a desire to extend his leave” While a certain number of employees extend their vacation days, either by leaving early or returning later. Remote work: the perfect compromise to reconcile professional and private life? Sophie Binet, Secretary General of the Union of Engineers, Managers and Technicians (Ugict) -CGT, warns against its generalization by reminding that: “While the vast majority of CEOs are in favor of telecommuting, which is more suitable for this type of profession than for blue collar professions, for example, this is just a form of an employment contract rather than a management tool.”.
Various surveys conducted by the trade union organization on the subject show that the time for remote work is increasing, contrary to the cliché of employers that when one is not working on site, “We play our thumbs”. On the contrary, working outside increases the workload and reduces the number of breaks. This actually threatens the right to disconnect from any employee.
For Anne-Lise Castell, labor law attorney for Tissot Editions, “The danger of this generalization of telecommuting is that there is absolutely no dismissal and that the employer tries to contact the employee at unplanned hours in his working time, or that it does not give him any comfort in calling him in the evening and in the morning”. As early as 2014, Ugict-CGT warned by proposing an effective right to disconnect. In 2017, this right is incorporated into the Labor Code, but ” in the form of a logo, Sophie Binet regrets. “There is no commitment or concrete translation for employers because the law now says that companies must guarantee the right to fire employees, without specifying terms at all. Unfortunately, don’t go further.” Ugict-CGT requires specific actions such as automatic server shutdown systems or mail delays.
On the telework side, the legislation also adheres to the basic rules of law. After that, everything depends on implementation within each company, through a charter or collective agreement. “The employer can discuss with each employee his working conditions, the protocols to be followed, his place of work on the site, at home or in a third place, and the periods of time in which he may have access, Anne-Liz Castell Analysis. But if there is an agreement between the employer and employee representatives, then this set of rules applies to everyone. Without an agreement, the customer can enact a charter. » These positions with changing geometry are not very satisfying for Sophie Bennett. For the Secretary General of Ugict-CGT, the law should make the collective agreement negotiated at the company level mandatory. an agreementIt recalls the basic principles embodied in case law and which the law must explicitly adopt.”.